John D. Byars
Bartlit Beck Herman Palenchar & Scott LLP, 2005-Present, Partner (since 2009)
Weil, Gotshal & Manges LLP, 2001-2004, Associate
Elliott Associates, L.P. v. Porsche SE
Represented hedge funds in securities fraud and manipulation lawsuit against Porsche SE related to Porsche SE's attempted takeover of Volkswagen AG in 2008. Damages in excess of $1 billion. Case on appeal to Second Circuit. Companion case pending in New York state court.
Hedge Fund Litigation Counseling – Residential Mortgage-Backed Securities
Counsel to hedge funds on issues involving rights and remedies of securitization certificate holders and securitization trusts, including review of documentation, design of legal strategies, and negotiation with adverse parties.
Amaranth LLC v. J.P. Morgan Chase & Co.
Represented hedge fund and trading advisor in their action for breach of contract and tortious interference with prospective economic advantage against investment bank, commercial bank, and futures commission merchant. Damages in excess of $1 billion. Case pending in New York state court and New York appellate court.
Stanfield Offshore Leveraged Assets, Ltd., et. al., v. Metropolitan Life Insurance Company, et. al.
Represented group of investment funds in suit against former creditors of bankrupt corporation for aiding and abetting fraud and breaches of fiduciary duties. Case pending.
ACP Master, Ltd., et al. v. Bank of America, et al.
Represented certain holders of Fontainbleau in their actions against financial institutions for breach of contract.
Ocean Ridge Capital Advisors, LLC v. Metropolitan Life Insurance Company, et. al. Represented litigation trustee in preference and fraudulent transfer actions against former creditors of bankrupt corporation. Case settled.
Dominico Gullone, et. al. v. Bayer Corporation, et. al. (United States District Court, Northern District of Illinois)
Represented Bayer in products liability action brought by users of Bayer’s factor concentrate products. Case pending.
Morgan Stanley Dean Witter & Co. v. Chubb Group of Insurance Companies, et. al. (Superior Court of New Jersey, Law Division, Union County)
Represented Morgan Stanley in suit seeking enforcement of insurance policies against Chubb and various other insurers. Case settled.
RealNetworks, Inc. v. Microsoft Corp. (United States District Court, District of Maryland)
Represented RealNetworks in antitrust suit against Microsoft. RealNetworks obtained a $761 million settlement.
Bradburn Parent/Teacher Store, Inc. v. 3M (Minnesota Mining and Manufacturing Company) (United States District Court, Eastern District of Pennsylvania)
Represented 3M in class action antitrust suit brought by purchasers of 3M’s branded transparent and invisible tape product.